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Tuscany has long been recognized worldwide for its art, historic cities, green countryside, wine, fine cuisine, seaside, and excellent quality of life.
For these reasons, over the years Tuscany has increasingly become a destination for people from abroad who wish to purchase homes in Tuscan cities or countryside areas, particularly in the provinces of Florence, Siena, Lucca, Arezzo, Pisa, Pistoia, Grosseto, Livorno, Prato, and Massa.
However, foreigners who intend to buy a home in Tuscany often do not speak Italian or are unfamiliar with the laws governing real estate transactions.
This is why, if you are a foreigner and want to purchase a house in Tuscany, you can rely on the lawyers of Studio Legale Barsotti, which has been handling real estate contracts for over 20 years.
Our law firm’s lawyers are fluent in English and Spanish and have already assisted in numerous real estate transactions throughout Tuscany.
How a Real Estate Purchase in Tuscany Works
Before buying a property in Tuscany, it is always advisable to rely on lawyers who speak your language and can guide you step by step through the contract.
By being assisted by Studio Legale Barsotti, you will also have access to technicians (architects, engineers, surveyors, notaries) who will help verify the compliance of the house and/or land you wish to buy.
Here are the main steps of a real estate transaction:
1. Choosing the property: You may select a property on your own or through a real estate agency. If you use an agency, be aware that you will be required to pay a commission of no less than 2% + VAT of the property’s sale price.
2. Checking the property’s condition: Before making an offer, it is necessary to rely on a technician (architect, surveyor, or engineer) who can verify that the property is suitable for use, free from building violations, and fairly valued compared to similar properties in the area.
3. Making a purchase offer: If the technician confirms the property has no defects, you can submit a written purchase offer with a deadline, usually at least one week, for the seller to accept or refuse. The offer must also specify the deadline for the sale contract and include other conditions, which our lawyers will advise you on. Generally, if the offer is accepted, a down payment is made.
4. Preliminary agreement: If the seller accepts the offer and it is necessary to specify further conditions, it may be useful to sign a preliminary contract in which the parties better define the deal and commit to signing the final contract before a notary. A further down payment may be made at this stage.
5. Final deed of sale: By the agreed deadline, the property must comply with building and administrative requirements. Once everything is in order, the parties sign the final deed of sale before a notary—usually chosen and paid entirely by the buyer. At this point, the buyer pays the price, and the seller hands over the keys.
Possible Legal Problems in Real Estate Transactions
Foreigners intending to buy a house in Tuscany must be aware that Italian law is particularly strict when it comes to real estate contracts.
When you do not fully speak or understand Italian, it becomes crucial to rely on lawyers who are knowledgeable in real estate law and fluent in your language.
If a legal or technical issue arises during the negotiations, having a lawyer by your side is fundamental to avoid risks.
The best approach is to contact Studio Legale Barsotti as soon as you identify a property of interest, so that we can assist you from start to finish without legal complications.
Based on over 20 years of experience, the most common legal issues for foreigners purchasing property in Tuscany are:
• Communication difficulties with the agency or seller: When you spend your money to buy a house in Tuscany, you must fully understand what is being said—and what is not being said—by the agency or seller. Rely on Studio Legale Barsotti to avoid risks caused by linguistic misunderstandings.
• Lack of an independent property technician: Before purchasing, you need your own trusted technician to verify the building and administrative compliance of the property. It is always better to rely on your own expert rather than the seller’s or the agency’s. By working with Studio Legale Barsotti, you will have access to our independent architects, engineers, and surveyors.
• Signing agreements without legal assistance: You must always understand what you are signing. Contracts should be translated into your language, as Italian legal documents often contain crucial clauses. Signing without proper knowledge may lead to severe problems. Always consult a lawyer before signing.
• Unwritten verbal agreements: In Italy, real estate agreements must always be in writing; verbal agreements are not enforceable. The purchase offer, the preliminary contract, and the final deed before the notary must all be written. Studio Legale Barsotti can draft contracts and insert protective clauses on your behalf.
• Withdrawal by the seller or buyer: Once a purchase offer or preliminary contract has been signed, both parties are bound. The buyer must purchase and pay within the agreed timeframe, while the seller must deliver a property free of defects and hand over the keys. Withdrawal may cause significant financial damages.
• Breach of contract: If a buyer makes a down payment but later withdraws without justification, they risk losing the deposit. Conversely, if a seller withdraws after receiving a deposit without valid reason, they must return double the amount received. Always consult a real estate lawyer before withdrawing.
Key Italian Laws on Real Estate Sales
Italian law sets out several provisions of the Civil Code regulating real estate transactions. These are important to know if you are considering purchasing a house in Tuscany.
Here are the most relevant articles:
• Art. 1476 – Seller’s obligations: The seller must 1) deliver the property to the buyer, 2) transfer ownership or rights if not immediate, 3) guarantee the buyer against third-party claims and property defects.
• Art. 1490 – Seller’s warranty for defects: The seller must guarantee that the property has no defects that make it unsuitable for use or significantly reduce its value. Any agreement excluding this warranty is void if the seller knowingly concealed the defects.
• Art. 1491 – Exclusions to warranty: No warranty is owed if the buyer was aware of the defects at the time of sale, or if the defects were easily recognizable—unless the seller had explicitly guaranteed the property was defect-free.
• Art. 1492 – Buyer’s rights in case of defects: The buyer may demand cancellation of the contract or a price reduction. If the property deteriorated due to defects, cancellation is possible; otherwise, only a price reduction can be sought.
• Art. 1385 – Earnest money in case of breach: If one party gives a deposit at the time of contract signing, and later defaults, the other may withdraw while keeping the deposit (if the buyer defaults) or demanding double the deposit back (if the seller defaults). Alternatively, the non-defaulting party may pursue contract enforcement or damages.
Why Choose Studio legale Barsotti for Real Estate Matters in Tuscany
Studio Legale Barsotti was founded in 2004 by Lawyer Nicola Barsotti and his office in Lucca, Tuscany, as well as in Rome, Milan, Bologna, Turin, and Naples.
Our team includes lawyers specializes in real estate law at an international level, fluent in English and Spanish.
With over 20 yers of experience in Italian real estate law, we assist foreigners in buying or selling property in Tuscany.
Having an office in Lucca allows us to easily reach any Tuscan city- Florence, Prato, Siena, Arezzo, Pisa, Pistoia, Livorno, Grosseto, or Massa - to inspect property and provide full legal support in real estate tranactions.
If you are a foreigner in Tuscany and need legal assistance for a property purchase, contact Studio Legale Barsotti for professional legal advice.
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